A/HRC/31/57/Add.1
Punishment (CAT) and by articles 7 and 9 of the International Covenant on Civil and
Political Rights (ICCPR).
272. The Special Rapporteur strongly urges the Government of Iraq to protect the right of
Mr. Mohammed al Sudani to be free from torture or cruel, inhuman or degrading treatment,
and to guarantee his fair trial, including by excluding any statement and confession made as
a result of torture from any proceedings, in line with its international obligations, codified
inter alia in the CAT and the ICCPR. The State is further urged to conduct a fair and
impartial investigation into the allegations, to prosecute and punish those responsible, and
to provide adequate redress to Mr. Mohammed al Sudani.
(b) JUA 27/11/2015 Case No. IRQ 5/2015 State Reply: 11/01/2016 Allegations concerning
Saleh Moussa Ahmed alBaidany, a Yemeni national, and Hamaad Abdel-Rahman
Hamaad, a Saudi national, two juvenile offenders, who are reportedly at risk of
imminent execution in Iraq.
273. The Special Rapporteur thanks the Government of Iraq for its reply, dated 11
January 2016, to the present communication.
274. He regrets that, as of the drafting of this report, no official translation is available to
the Government’s reply. The Rapporteur will make his views on the case known later on,
after being able to read an English version of the reply.
Israel
JUA 24/07/2015 Case No. ISR 3/2015State reply: 14/08/2015 Allegations concerning the
draft amendment to the Prisons Act, which allows for the force-feeding of prisoners,
to be presented for the second and third readings at the Knesset on 7 July 2015.
275. The Special Rapporteur thanks the Government of Israel for its reply, dated 14
August 2015, to the present communication.
276. The Special Rapporteur acknowledges the Government’s reply in response to the
concerns, legal obligations, and questions with respect to the force-feeding of prisoners
raised in the present communication, and in a prior communication on this matter dated 20
June 2014. However, he laments the fact that the Government of Israel proceeded with the
enactment of an amendment to its Prisons Act on 30 July 2015, in spite of the grave
concerns raised by this and other special procedures mandate holders.
277. The Special Rapporteur reiterates his view that “feeding induced by threats,
coercion, force or use of physical restraints of individuals, who have opted for the extreme
recourse of a hunger strike to protest against their detention, are, even if intended for their
benefit, tantamount to cruel, inhuman and degrading treatment” (Joint Press Release, 28
July 2015). Furthermore, the Special Rapporteur highlights the disproportionate impact this
amendment will have on Palestinians who have undertaken hunger strikes in protest of their
administrative detention.
278. Accordingly, the Special Rapporteur concludes that the Government of Israel, by
passing a bill that provides for the force-feeding and medical treatment of prisoners against
their will, violates the right of prisoners to be free from cruel, inhuman or degrading
treatment, as provided by articles 1, 2 and 16 of the CAT.
279. The Special Rapporteur calls upon the Government of Israel to immediately cease
the practice of force-feeding and refrain from using other coercive measures, and to look
for alternative solutions to extreme situations resulting from hunger strikes, including goodfaith dialogue with prisoners. The Rapporteur further offers the Government of Israel its
guidance and assistance in these matters.
48
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